NY State Senate Bill 2023-S6737

Senate Bill S6737

2023-2024 Legislative Session

Relates to restrictions on authority for the withholding of public monies from educational institutions

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Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
May 08, 2023	referred to education

co-Sponsors

2023-S6737 (ACTIVE) - Details

See Assembly Version of this Bill:: A7729
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §306, Ed L

2023-S6737 (ACTIVE) - Summary

Provides that the commissioner of education may also withhold from any district or city its share of the public money of the state for willfully disobeying any provision of law, or for such decisions, orders or regulations as aforesaid whose willful violation constitutes an immediate threat to the health, safety, education or welfare of students, employees or visitors at such common school, educational institution, school district or public school.

2023-S6737 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6737

SPONSOR: RHOADS
 
TITLE OF BILL:

An act to amend the education law, in relation to restrictions on
authority for the withholding of public monies from educational insti-
tutions

 
PURPOSE:

Amends the education law, in relation to restrictions on authority for
the withholding of public monies from educational institutions.

 
SUMMARY OF PROVISIONS:

Section 1. Section 306 of the education law, subdivision 1 as amended by
chapter 298 of the laws of 1957, is amended to read as follows:

§ 306 Removal of school officers; withholding public money.

Section 2.  is the enacting clause.

 
JUSTIFICATION:

State funding for education is essential to the education and develop-
ment of our youth and the removal of such funding, regardless of the
reason, will invariably harm that developmental process. The ability of
the Commissioner of Education to alter or suspend the specific actions
of the Legislature in allocating such funding to educational insti-
tutions as a punishment or sanction, therefore, must be limited.

Presently, the Commissioner, in addition to the power to remove any
school officer, wields unlimited authority to alter or suspend funds
allocatedòby the Legislature to educational institutions for any willful
violation of law as well as for any willful violation of a decision,
order or regulation promulgated by the Comnissioner regardless of its
severity or its impact or the health, safety, education or welfare of
students, employees or visitors to that educational institution- Without
limits, this broad power can effectively shut down affected insti-
tutions, potentially impacting' the education or thousands of students,
over ministerial disputes with relativel little consequence, where other
less obstructive measures can be utilized.

The proposed legislation places reasonable limits on the exercise of
this draconian authority, restricting its use to willful violations of
law, or to willful disobeyance of decisions, orders or regulations
promulgated by the Commissioner only where such disobeyance presents an
immediate threat to the health, safety, education or welfare of
students, employees or visitors to the involved institution.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6737 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6737
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 8, 2023
                                ___________
 
 Introduced  by  Sen.  RHOADS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the  education  law,  in  relation  to  restrictions  on
   authority for the withholding of public monies from educational insti-
   tutions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 306 of the education law, subdivision 1 as  amended
 by chapter 298 of the laws of 1957, is amended to read as follows:
   § 306. Removal  of school officers; withholding public money. 1. When-
 ever it shall be proved to his OR HER  satisfaction  that  any  trustee,
 member  of  a  board of education, clerk, collector, treasurer, district
 superintendent, superintendent of schools or other school officer  is  a
 member  of  an organization listed as subversive by the board of regents
 pursuant to the provisions of section three thousand twenty-two of  this
 chapter,  or  has been guilty of any wilful violation or neglect of duty
 under this chapter, or any other act pertaining  to  common  schools  or
 other  educational institution participating in state funds, or wilfully
 disobeying any decision, order, rule or regulation of the regents or  of
 the commissioner [of education], [said] SUCH commissioner, after a hear-
 ing  at  which the school officer shall have the right of representation
 by counsel, may, by an order under his OR HER hand and seal, which order
 shall be recorded in his OR HER office, remove such school officer  from
 his OR HER office.
   2.  [Said] SUCH commissioner [of education] may also withhold from any
 district or city its share of the public money of the state for wilfully
 disobeying any provision of law [or any decision, order or regulation as
 aforesaid], OR FOR SUCH DECISIONS, ORDERS OR  REGULATIONS  AS  AFORESAID
 WHOSE  WILLFUL  VIOLATION CONSTITUTES AN IMMEDIATE THREAT TO THE HEALTH,
 SAFETY, EDUCATION OR WELFARE OF STUDENTS, EMPLOYEES OR VISITORS AT  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11149-03-3
 S. 6737                             2

 
 COMMON  SCHOOL,  EDUCATIONAL  INSTITUTION,  SCHOOL  DISTRICT  OR  PUBLIC
 SCHOOL.
   § 2. This act shall take effect immediately.

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Senate Bill S6737

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Sponsored By

Steven D. Rhoads